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Author Topic: inventors log book    need help  (Read 1118 times)

Chelsea378

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inventors log book    need help
« on: 09-28-06 at 08:39 am »

I am planning on patenting my invention, but I have a question regarding keeping an inventors journal.

I have read that a person should keep a journal to help prove when you first conceptulized the invention.  I concieved the idea over a year ago, and kept great records, however being a computer geek, i kept everything in an electronic format.  I do have witnesses, receipts, and emails dating back to to that time, but no "actual written records"

So what do I do now?  Do I start the journal dating from this date forward, or can I reference it back to when I first concieved the idea a year ago?  

Can anyone help me with this matter?  Any suggestions or advice would be appreciated.
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JimIvey

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Re: inventors log book    need help
« Reply #1 on: 09-28-06 at 10:31 am »

First, what you want to document:  date of conception and trail of diligence toward reduction to practice.  If the diligence in reducing your concept to practice is unbroken (at least not unreasonably broken -- you're allow bathroom breaks and even vacations and sick time), your invention date can extend back to the date of conception.  Otherwise, it's the date of first reduction to practice.  If your patent application is "enabling", that's "constructive" reduction to practice -- meaning effectively reduction to practice.

If your code worked, that's arguably reduction to practice and thus "invention".  The challenge is documenting the date.

Second, how do you authenticate the date?  Common practice is to have your cubicle neighbor witness (and sign) your log book.  It's not absolutely necessary, but usually sufficient.  If ever called to testify, you can authenticate the dates yourself on the witness stand.  Of course, that appears self-serving and may not be persuasive, but it's not a fatal flaw to rely on such testimony.

Testimony that could help would be to swear that your computer's clock is synchronized routinely with a time server and the date stamps on the electronic files have not been tampered with.  Of course that reminds me of a scene in a movie -- "Strange Brew".  The witness blurts out spontaneously that he'd like to add that the time codes are very hard to fake.  "What do you mean by that?"  ... pause ... "Just because I don't know what I'm talking about doesn't mean that I'm lying."

Of course, a nice service to have would be a digital (cryptographic) signature of a trusted third party time server to authenticate dates/times.  I wonder if that sort of thing exists already.  

So, let's say you're concern about the inadequacy of your documentation to date and you want to back-fill now with better documentation.  I'd suggest that it's more persuasive if you document those dates as best you can now rather than in court when you have a specific prior art date you're trying to get behind.  Without a specific target date in mind, your recollections now may be perceived as less biased as a result.  In addition, your recollections now are probably more trustworthy than recollections a few years from now.  To the extent you can collect corraborating evidence of the time line you remember, that would be helpful.

In short, your own testimony might be sufficient, but anything you can do to corraborate your recollection would be helpful.  And, documenting all this now rather than later is not a bad idea.

Regards.
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Isaac

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Re: inventors log book    need help
« Reply #2 on: 09-28-06 at 11:16 am »

Quote
So, let's say you're concern about the inadequacy of your documentation to date and you want to back-fill now with better documentation.  I'd suggest that it's more persuasive if you document those dates as best you can now rather than in court when you have a specific prior art date you're trying to get behind.  Without a specific target date in mind, your recollections now may be perceived as less biased as a result.  In addition, your recollections now are probably more trustworthy than recollections a few years from now.  To the extent you can collect corraborating evidence of the time line you remember, that would be helpful.


One issue with backfiling is that there can be hearsay admissibility issues when the documentation is not a part of a regular practice of record keeping.   But it might turn out that back dating to today is all you.

So as Jim says, documenting now is better than documenting later.

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Isaac

biopico

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Re: inventors log book    need help
« Reply #3 on: 09-28-06 at 12:47 pm »

Quote
I concieved the idea over a year ago, and kept great records, however being a computer geek, i kept everything in an electronic format
.

If you have been using a commercial email server or anything like that, I suppose it would be easier to authenticate the date(s) without having any claims of tampering the dates.
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JimIvey

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Re: inventors log book    need help
« Reply #4 on: 09-28-06 at 01:31 pm »

Just to be clear, what I meant by "backfilling" the documentation now is to look for corraborating evidence of the dates and capture it now.  I would expect you'd be able to testify if necessary and use the documentation to refresh your memory, to avoid hearsay problems.

Here's an example of what I'm talking about.  Suppose your code says you had a functional prototype by or around September 28, 2005, either in your comments or in the date modified as recorded in a backup somewhere.  Suppose you recall that one of the last problems turned out to be bad memory in your computer and you had to run out to Fry's to get new memory.  Suppose further than you still have your creditcard records back that far and can document a purchase at Fry's of the memory on September 27, 2005.  Documenting all that now would be good.  If asked on the stand why you think your functional prototype was working by September 28, 2005, you can refresh your memory with these documents (I think) and can testify to all the things documented.

If you use an operating system that keeps log files and logs date/time changes and synchronization with a time server, saving that log file might be good if it helps validate any file system dates on your code.  Of course, most log files are plain text and easily modified.  But you can testify under oath that you haven't tampered with the log files.

Regards.
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James D. Ivey
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Chelsea378

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Re: inventors log book    need help
« Reply #5 on: 09-28-06 at 02:21 pm »

Thank you all for your advice.  You've been so very helpful.  Thank goodness there are sites like these to help the little ones out.

Thanks, much appreciated!!!!!
-Christy
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